Embezzlement is an example of a theft offense under the state’s criminal code. Embezzlement occurs when a person takes property from another after the owner has entrusted that property into the care of the defendant.
Embezzlement charges can result in serious legal consequences. Depending on the value of the allegedly stolen items, an embezzlement conviction can range from a misdemeanor to a felony, which may result in up to 20 years imprisonment.
An Omaha embezzlement lawyer can help evaluate the strength of the prosecutor’s case and develop an effective defense. For help with fighting your allegations, consider reaching out to one of our dedicated white-collar crime attorneys.
Embezzlement Prosecuted as Theft
The Nebraska criminal code makes no distinction between embezzlement and other forms of theft. Nebraska Revised Statutes §28-510 mandates that embezzlement will yield the same results as theft under the state’s criminal code.
When a landowner entrusts his or her property to the care of another, when business owners allow a worker to use a computer, when a mechanic works on a car, or when a financial planner holds client funds, each of these parties has an obligation to use the property as the owner intends and to return it upon the owner’s request.
A person who uses the property for gain at the owner’s expense or fails to return it may face allegations of embezzlement. An Omaha attorney can provide more information about which conditions must exist for a person to be charged with embezzlement.
What are the Potential Consequences for an Embezzlement Conviction?
Embezzlement charges in Omaha are subject to the same penalties as theft offenses. The main factor that determines the severity of a charge is the value of the items involved in the alleged embezzlement. According to Nebraska Revised Statute §28-518, embezzlement may be charged as a:
- Class II misdemeanor if the value of the item is $500 or less
- Class I misdemeanor if the value is between $500 and $1,500
- Class IV felony if the value is between $1,500 and $5,000
- Class IIA felony if the value is above $5,000
The statute also allows prosecutors to combine the value of the items. For example, if the defendant faces charges alleging the embezzlement of several $500 computers, the court may combine the value of those items into a single Class IV felony charge.
Contact an Omaha Embezzlement Attorney Today
An Omaha embezzlement lawyer can work to investigate your claim and refute allegations of your misuse thereof. An experienced embezzlement attorney can also help dispute whether you were involved in the disappearance or destruction of the property in question.
The outcome of an embezzlement case can lead to a felony conviction and a 20-year prison sentence in extreme cases. Contact a lawyer from the Berry Law Firm today to schedule your confidential case evaluation.